Mainland Misunderstandings About HK

The seven police officers who were sentenced for assaulting Ken Tsang

After the seven police officers were sentenced to two years in jail for assaulting Ken Tsang Kin-chiu during the Occupy protests two years ago, it was shocking to read that the son of a general in China was willing to pay people 10,000 yuan each to beat up the judge who sentenced them.

Cai Xiaoxin, the son of late PLA Major General Cai Changyuan, wrote on his social media account he would pay anyone who would assault Judge David Dufton.

Other mainlanders were angered that a foreign judge would rule against the police officers, and felt Dufton was sympathetic to the Occupy protesters because he was British.

Hu Xijin claims the British judge's ruling was biased

Even Hu Xijin, editor-in-chief of The Global Times said Dufton's ruling was biased and influenced by politics. He said the judicial system in Hong Kong had inherited a tinge of colonialism and not committed to China's constitution.

Here we go again -- the giant rift between how Hong Kong and China works, and the difference between rule of law being upheld by the book, and by political influence.

Eric Cheung Tat-ming, a lecturer on law at the University of Hong Kong, said the outrage expressed in mainland media over the case was due to the lack of understanding of how the city's legal system worked.

"The Basic Law establishes that our judges were appointed by reference to their professional ability and merits rather than where they are from or their race," Cheung said.

The ruling, he explained, was not influenced by politics, and that jurisdictions that practiced common law regularly had judges from overseas hear local cases.

"The common law system is a legacy of the colonial era. But it is guaranteed in the Basic Law that we can continue the... system."

Ken Tsang (centre) was beaten up after in police custody

Also, it is outrageous and dangerous for the People's Daily to say: "The genesis of the Occupy movement in Hong Kong is inseparable from the political landmine the British government planted before it left the city."

That is fake news.

A culmination of factors led to the Occupy movement that sprung up completely spontaneously, the likes of which we will probably never see again.

The Chinese government is trying to blame someone else for Hong Kong people's unhappiness with the electoral reform package, but it was Beijing's white paper in 2014 that set the tone for the resentment and frustration towards the mainland that resulted in the 79-day protest.

But the Chinese will never understand these things because they see things the way Beijing wants them to see them, ie: warped.

The fact is, is that seven police officers beat, punched, kicked and slapped a man already in custody. Yes he got into trouble with the law by pouring liquid on them, but that doesn't give the police license to assault him when he was already ziptied.

This is what is wrong and they are being punished for it.

Seems pretty straight forward, no?

As for former Chief Executive Donald Tsang Yam-kuen's conviction, there was probably no news about it at all on the mainland...

Vindication for Beaten Occupy Protester

Ken Tsang outside the court today flanked by supporters and yellow umbrellas

Finally over two years later, vindication for the Occupy Movement with seven police officers convicted of kicking, punching and stepping on activist Ken Tsang Kin-chiu after he was arrested and handcuffed for assaulting police.

The seven originally faced one joint count of causing grievous bodily harm with intent, but were found not guilty. Instead they were convicted of lesser, alternative charge of assault occasioning actual bodily harm.

Seven police officers were convicted of assaulting Tsang

That charge carries a maximum sentence of three years in prison, while common assault is one year.

The police officers will be sentenced this Friday.

Judge David Dufton's verdict caps one of the most controversial incidents during the 79-day protest. During the trial the court heard Tsang, 41, testify how on October 15, 2014, he had poured liquid onto some police officers during a clearance operation in Admiralty.

He was arrested and zip-tied, but instead of being brought to one of the coaches to transport arrested protesters, he was taken to a substation and assaulted.

On October 14, 2014, they dragged Tsang to a substation

The 224-page judgment found that there Tsang was dumped to the ground and immediately assaulted, which resulted in injuries to his face, neck, shoulder, flank, chest and back.

Part of the assault was captured on video by several media that defense lawyers had tried to dismiss as unauthentic evidence.

While a chief inspector and senior inspector did not actually take part in the assault, but watched on, Judge Dufton pointed out: "Every police officer has a duty to intervene to prevent the commission of a crime, even by fellow police officers. A police officer's duty is to keep the peace. If a police officer stands by and watches his colleague beat up a suspected person, his failure to intervene is evidence of encouragement to carry out the assault."

They were captured on video assaulting Tsang

Interestingly none of the seven officers presented evidence during the trial, though several mitigation letters written by other police officers and family members of the seven were submitted to the court during mitigation.

The police also spent a staggering HK$9 million on defense legal fees, and the force has raised over HK$10 million if the seven decide to appeal.

Ken Tsang's Days in Court

Ken Tsang speaks outside the court following his sentencing today

Today one of the Occupy protesters who spilled a foul-smelling liquid on police officers in October 2014 was sentenced to five weeks in prison.

Ken Tsang Kin-chiu was convicted of one charge of police assault and two counts for resisting arrest.

Interestingly during the trial the main bone of contention was his identification, as police video showed a man in a black T-shirt, goggles and a mask splashing liquid, and his defense team claimed it was not him.

Footage showing Tsang spilling unknown liquid on police

Tsang, 40, didn't take the stand, nor did he have any witnesses in his defense.

But Principal Magistrate Peter Law Tak-chuen said last Thursday he was convinced beyond reasonable doubt that Tsang was the one who spilled the urine-like liquid on 11 police officers, and that the act of doing that amounted to assault.

Today Tsang accepted the sentence, saying outside the court: "Even though I am disappointed and sad about the judgment, I still respect the legal system in Hong Kong."

While he agrees with the length of the sentence, the social worker with no previous criminal record plans to appeal.

Later that evening he was arrested and allegedly beaten

The sentencing comes a day before another trial begins -- that of Tsang allegedly beaten by seven police officers after he had spilled the liquid on their colleagues.

We will have to see what defense the police have -- as many saw the video of them dragging Tsang into a dark corner and apparently beat him.

This is the case everyone will be watching, and how it plays out could affect the next steps of activists and localists...

HK$10M Donations for Police

Almost HK$10 million was raised for police officers, but for what exactly?

It is very interesting to read almost HK$10 million has been donated to the Hong Kong Police into a special fund that was set up in October. Some of the money was given by the public, the rest internally through fundraising efforts.

The fund was set up by two unions to support officers whose livelihoods are affected by the Umbrella Movement protests.

But what is the money going to be used for? And what is the definition of how officers were impacted by the protests?

"So far, we have received no inquiries or requests for help from anyone," said a source, adding that officers of all ranks were eligible to make donations or request aid.

A six-member committee -- half from the Junior Police Officers Association and the rest from the Police Inspectors' Association -- would assess the needs of those who applied before allocating funds, the source added. "The fund will be used mainly for providing financial assistance to the injured or suspended officers and their families," the source said.

However, not many officers have been injured (overall), and there is talk of using the funds for the seven police officers who allegedly beat up Civic Party activist Ken Tsang Kin-chiu in October.

As a result the seven were suspended, which means they can receive as little as half their salary.

"We've made it clear from the outset that the fund will not be used to subsidize the legal fees of any officers involved in court cases," a second source said.

There is quite a lot of support for the officers from the public -- those wearing blue ribbons at one point -- and so it's even more interesting to see them encourage the officers though monetary donations.

Meanwhile Chief Executive Leung Chun-ying has not said when Admiralty will be cleared, but hinted the area may be taken back by force. He warned that youngsters and students should retreat as soon as possible to ensure their safety because there will be resistance from "radical" elements...

"I think we should be prepared, both psychologically and operationally, that towards the end of the illegal occupation, there will be less people taking part and they tend to be more radical. This seems to be the pattern in illegal social movements in other countries," Leung said.

Hmmm he seems to be "studying" other movements/revolutions around the world. That doesn't mean the one in Hong Kong is going to end the same way.

There's word clearance of Admiralty will happen on Wednesday... we will watch and see...

Another Dark Day

The scene around 6.30pm on Harcourt Road with more people streaming in

This morning I was out of the office and by the time I came back at lunchtime, my colleagues were excitedly telling me the story of a guy who was arrested by the police and seven of them allegedly dragged him to a dark alley and started kicking and punching him. This was all recorded on video and has gone viral.

On the TV I saw scenes of the man, now identified as Ken Tsang, a social worker and member of the Civic Party, and of the nominating committee for the chief executive representing the welfare sector, sitting on a stretcher being wheeled out of an ambulance and into Ruttonjee Hospital. He may have aggravated the police by pouring liquid on them, but is there a need for a group of officers to beat someone up who is defenseless?

One side street still blocked with protesters, police watch

Like the pepper spray teargas over two weeks ago, this alleged beating has further eroded people's respect for the Hong Kong Police. They seem to be under orders to use excessive force without regard for what the consequences will be. No wonder protesters are now calling for the resignation of Police Commissioner Andy Tsang Wai-hung.

Meanwhile Chief Executive Leung Chun-ying has cancelled his much-anticipated Q & A tomorrow, with his spokesperson citing the recent conflicts police had with protesters, and how protesters were called to be near the Legislative Council during that time. Some speculate it's because Leung needs to give Beijing more time to figure out how he would answer all these questions...

Then there is the added fiasco of his receiving HK$50 million from an Australian engineering firm, and now news that he asked for another HK$37 million as part of the same of his company...

Hundreds of tents are near the government offices at Tamar

Internationally what is being done about the situation? While China insists other countries not meddle in its internal affairs -- a favourite line -- the Democratic Party is taking the issue to the attention of the UN Human Rights' committee meeting next week in Geneva.

They will explain why Beijing's decision on Hong Kong election reform fails to comply with the International Covenant on Civil and Political Rights. But will anything be done to alleviate the situation?

Around 6.30pm I wandered into the protest area on Harcourt Road. There weren't as many people as before, though there are reports that after I left, the crowds swelled to about 2,000 people.

There were young children around 5 or 6 years old doing their homework, people listening to speeches, but much fewer people on the flyover towards Central.

Batman to save the Umbrella Movement?

At the end of the barricades by the Hong Kong Club, a middle-aged man gave a speech while another man jumped in to add his views. Where in Hong Kong do people have such open discourse on politics? And with complete strangers?

The situation is fluid and who knows what will happen tonight. We can only hope Ken Tsang's alleged beating is the first and last violent incident for the Umbrella Revolution.